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HomeMy WebLinkAbout11-8625Stipulations Against Liens Stephen C. Washburn and Cynthia S. Washburn Owner Beckwith Custom Carpentry Contractor September 9, 2011 In the Court of Common J31eag flCountp of Cumberland , Pennsylvania Docket Number LL) Term 20 Page Number Vbereag, Beckwith Custom Carpentry ("Contractor") of 263 N. Union Street Middletown, Pa 17057, has entered into a contract with Stephen C. Washburn and Cynthia S. Washburn ("Owner") of 8 Eastwood Drive, Carlisle, Pa 17015, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 233 Bridge Street, New Cumberland, PA 17070,New Cumberland Borough, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Stephen C. Washburn and Cynthia S. Washburn are the title holder of record; and Mbereag, it is the intention of Owner and Contractor that neither said lot of ground nor the improvements erected or to be erected thereon shall be subject to a lien for debts due Owner to Contractor or by Contractor to any subcontractor for labor or materials furnished in the said erection or construction, and that the right of anyone to claim any such lien be waived hereby. ,Robe, Tbig 2greement Vitneggetb: That Contractor, for and in consideration of the contract aforesaid and the considerations mentioned thereunder, as well as the further consideration of One Dollar ($1.00) to it in hand paid by the Owner at or before the sealing and delivery of these presents, the receipt of which is hereby acknowledged, and intending to be legally bound hereby, does hereby covenant, promise and agree, for Contractor and any and all subcontractors, materialmen, laborers and parties acting for, through or under Contractor, that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed or maintained against the building, improvements, lot of ground or any part hereof, or the curtilage or curtilages appurtenant thereto by anyone, and that all subcontractors, materialmen and laborers shall look to and hold Contractor personally liable for all subcontracts, materials furnished and work and labor done. Z(nb this agreement, waiving the right of lien by anyone, shall be an independent covenant and shall operate and be effective with respect to work done and materials furnished under any supplemental contract for extra work in the erection, construction and completion of the building as well as to any work and labor done and materials furnished under the contract aforesaid. Zino, in order to give the Owner full power and authority to protect Owner and the building, improvements and lot of ground, against any and all claims filed by Contractor or anyone acting under or through Contractor in violation of the foregoing covenant, Contractor hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania to appear for Contractor in any of the said Courts of Common Pleas as attorney for Contractor and in Contractor's name, mark satisfied of record at the cost and expense of the Contractor, or of any subcontractor or materialman, any and all claims or claim, liens or lien, filed by or for the Contractor, or any subcontractor or materialman, or in the name of any one or more of them against the building, improvements, lot of ground or any part thereof, and, for such act or acts, this shall be good and sufficient warrant and authority, and a reference to the Court, Term and Number in which this instrument shall have been filed shall be a sufficient exhibit of the authority herein contained to warrant such action, and the Contractor does hereby remise, release, and quit claim all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction of in anywise touching or concerning the same. Witness our hands and seals the day and year aforesaid. Signed and sealed in the presence of: Steph Washbur Cynt is S. Wash urn o pentry By -0 Ste Beckwith M r-- r? C.J C Q M-4 % Q,- CO PLi Ck-Jj a$IM 12%k a tt) 3CP9 File No. 31501 WASHBURN ALL THAT CERTAIN lot of ground situate in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southeasterly corner of the intersection of Bridge Street and Third Street, thence along Third Street, North 48 degrees 30 minutes East 94 feet to a point at lands now or formerly of J. William Wright; thence along said land, South 41 degrees 30 minutes East 50 feet to a point at other land now or formerly of Carol Bigler Brandt; thence along said Brandt land, South 48 degrees 30 minutes West 94 feet to a point on Bridge Street; thence along said Bridge Street North 41 degrees 30 minutes West 50 feet to a point, the place of BEGINNING. BEING the western portion of Lot No. 141 on the General Plan of New Cumberland. HAVING thereon erected a 2 1/z story brick dwelling, known and numbered as 233 Bridge Street, New Cumberland. UNDER AND SUBJECT to all rights, restrictions, easements and right-of-way of prior record. BEING the same premises which Wells Fargo Financial Pennsylvania, Inc., by Deed dated July 23, 2009, and recorded December 11, 2009, in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, as Instrument No. 200941297, granted and conveyed unto Stephen C. Washburn and Cynthia S. Washburn, husband and wife, Mortgagors herein.